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Apple vs Samsung let the fun begin.

Audible Click

The gap in the plot
Audible Click
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Apple v. Samsung has been described by various tech bloggers as "the patent trial of the century". Apple has filed for $2.525 billion in damages from Samsung, and this week, Apple released a table and four charts detailing each alleged violation and the damages they expect. It's an interesting read even if you're not an Apple or Samsung enthusiast. To me, this brings to mind the "greed is good" speech from the movie "Wall Street". What's your take on this does Apple have a legitimate claim?

http://thenextweb.com/apple/2012/08...amages-claims-against-samsung/?utm_campaign=s
 
From what I understand there is some merit to some of Apple's allegations but nothing that should result in what Apple wants. And it seems as if Samsung legal team are rather naive, making stupid mistakes and not seemingly to make clear counter-arguments. An example that comes to mind is the "green phone" icon, from the reports I've read I've not seen it pointed out that "green phone to dial" symbol was the industry standard long before Apple came up with their "green phone to dial" icon.

I want Apple to not win because it will stifle competition and lead to a reduction in innovation (at least in the USA)
 
I disagree. Forcing Samsung to come up with their own features rather than just aping the iPhone will encourage innovation - as will developers knowing that if they go out on a limb to develop something new, they'll be protected from competitor clones.
 
AvalonXQ said:
I disagree. Forcing Samsung to come up with their own features rather than just aping the iPhone will encourage innovation - as will developers knowing that if they go out on a limb to develop something new, they'll be protected from competitor clones.
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Look at the Galaxy S III and tell me that it is a copy of the iPhone.
 
These lawsuits are not about encouraging innovation but stifling opposition.

There is a free (as in speech) ebook here that is well worth a read.
 
AgeGap said:
There is a free (as in speech) ebook here that is well worth a read.
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Are you sure you don't mean "free (as in beer)"? It doesn't make much sense to talk about a "free (as in speech) ebook", and this one is actually available free (as in beer).
 
AvalonXQ said:
Are you sure you don't mean "free (as in beer)"? It doesn't make much sense to talk about a "free (as in speech) ebook", and this one is actually available free (as in beer).
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Creative commons where you are free to....you know the drill.
Apple did not invent the mouse, the GUI, the touch screen, the telephone, glass or rounded squares.
Patents and copyright should encourage innovation and reward us all.
This Microsoft suing Google suing Apple suing Samsung BS is BS. IANAL but with all these lawsuits flying around I wish I was.
 
AgeGap said:
Apple did not invent the mouse, the GUI, the touch screen, the telephone, glass or rounded squares.
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Nor have they asserted a patent on "the mouse", "the GUI", "the touch screen", "the telephone", "glass" or "rounded squares."
 
AvalonXQ said:
I disagree. Forcing Samsung to come up with their own features rather than just aping the iPhone will encourage innovation - as will developers knowing that if they go out on a limb to develop something new, they'll be protected from competitor clones.
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The problem I see is how broad Apple are arguing in some areas - as an example - many a commentator have said it's being able to register a rectangle as a design feature that is the worrying (and stifling). Thankfully in the UK a judge has already thrown out that claim by Apple.

Plus of course there is the issue of how much is truly original to Apple, for example my example above of the "green phone to call symbol".
 
Darat said:
The problem I see is how broad Apple are arguing in some areas - as an example - many a commentator have said it's being able to register a rectangle as a design feature that is the worrying (and stifling). Thankfully in the UK a judge has already thrown out that claim by Apple.

Plus of course there is the issue of how much is truly original to Apple, for example my example above of the "green phone to call symbol".
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Those are my 2 beefs exactly.

#1) Trying to patent things that have been used forever. Like the green phone icon for dial. Or red phone icon for End Call.

#2) Trying to patent things so completely general that it would be a good joke if they weren't serious. Like the rectangle deal.

Or a Letter Envelope as the mail icon.

I don't give a hoot if they patent a specific, and most importantly, a distinctive!, looking Letter Envelope as their mail icon, but not letting anyone use any Letter Envelope as their mail icon is ridiculous.

Likewise, if they patent a specific and distinctive green phone icon for Dial and red phone icon for End Call, that is fine. But wanting to have the monopoly on all green phone icons and red phone icons is ridiculous.

Warning: All of the above examples are used to describe my problems. If they do not accurately represent something that Apple is asking, it does not have any bearing on whether or not they accurately represent my opinions!
 
Darat said:
Thankfully in the UK a judge has already thrown out that claim by Apple.
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http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html

The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.
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If I claim that Samsung are cooler, can Apple sue me - they have a court judgement on their side :D
 
Darat said:
I want Apple to not win because it will stifle competition and lead to a reduction in innovation (at least in the USA)
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Either the standard for novelty in these patents needs to be scaled way up - and thus most existing design and software patents invalidated - or the whole idea needs to be scrapped.
 
OnlyTellsTruths said:
Warning: All of the above examples are used to describe my problems. If they do not accurately represent something that Apple is asking, it does not have any bearing on whether or not they accurately represent my opinions!
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This, of course, is the perennial problem in these threads. People make statements like "Apple is patenting the touch screen" or "Apple is claiming a rectangle for a trademark" -- all without actually including patent claims, trademark registrations, or plaintiff's briefs so that we can judge what's really going on.

So far, every time someone has actually identified one of these patents and we've examined it, it's been clear that the actual scope of Apple's claim is significantly narrower than people's naive descriptions would suggest.
 
AvalonXQ said:
Nor have they asserted a patent on "the mouse", "the GUI", "the touch screen", "the telephone", "glass" or "rounded squares."
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But they, and others, have used these ideas in their own products and as a result we all can benefit.

The patent system should reward innovation but not at the expense of progress. It is a difficult and delicate balance but one that I fear is out of kilter.
One example being the Kodak patent grab. There is no innovation in Apple or Google buying Kodak patents in order to beat each other around the head with.

Why not build a better phone rather than a better arsenal of patents?
 
AvalonXQ said:
This, of course, is the perennial problem in these threads. People make statements like "Apple is patenting the touch screen" or "Apple is claiming a rectangle for a trademark" -- all without actually including patent claims, trademark registrations, or plaintiff's briefs so that we can judge what's really going on.
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Except that's basically what they did, have you read any of these court cases?

I like how they took decades-old touch screen tech and patented it "on a mobile device", as if that is innovation deserving of patent protection.

The patent system is competely broken and is being used to stifle competition and prevent others from entering the market.
 
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